USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 30
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1 Albany Records, vol. xviii. pp. 425, 426.
277
West India Company to sant, con- tinued.
the council of Maryland
or speech of the commis- sioners.
PETER STUYVESANT, DIRECTOR-GENERAL.
give bonds for the debts which they are yet owing, while in 1659. this case their recovery may sooner or later be expected, which is utterly hopeless and impracticable, if they move from the district of the company, and settle anywhere else. In Letter from case, however, the said director does persist in his opinion, and might reclaim colonists who have already settled in Man- P. Stuyve- hattan, so it is your duty not to compel them to compliance, as it was your opinion to put in practice. It will further be of service to solicit the return of those who did emigrate to Virginia, and other neighbouring districts, if it is feasible, and employ all such means as you may deem the most effica- cious, to obtain this end."
" The suspicions and apprehensions which have arisen with Swedes. regard to the Swedish nation which are remaining in the South River, and that the English might be tempted to some enterprise against us, under their name and colours, cannot be prevented ; more so while your honour, although without any bad intention, did place the arms in their hands, not only by the permission to form themselves into a company of the militia, but by appointing officers of the same nation to said company ; whereas they ought to have been separated one from another, and have been amalgamated with our inhabit- ants, as we at large developed in our letter of 13th February. We persist yet in the same sentiment, to which therefore your honour is recommended to conform yourself, before they can, in alliance with their neighbours, take any advantage of us."1
The commissioners proceeded to Maryland, and on the 16th Oct. 16. of October, obtained a hearing of " a council held at Patux- Meeting of ent, at which were present the governor, secretary, Captain William Stone, Thomas Gerrard, Luke Barber, Colonel Na- and the com- thaniel Utie, Baker Brooke, and Edward Lloyd." The commis- missioners. Delivery of letters and instructions. sioners presented their credentials, and the letter from Stuy- vesant, which being in " Dutch," were "Englished" by order of council, by Simon Oversee ; after which they delivered the following
" Declaration and manifestation by way of speech, deli- Declaration vered unto the honourable governor and council of the pro- vince of Maryland, in Chesapeake Bay, from and in behalf of the honourable governor-general and council of the pro- vince of New Netherlands.
" Notifying first and foremost the ancient original right
1 Albany Records, vol. iv. pp. 310-312.
2 A
278
J. ALRICKS AND W. BEEKMAN.
1659.
Declaration or speech of the commis- sioners, con- tinued.
and title the subjects of the high and mighty States-General of the United Provinces, under the propriety of the lords of the West India Company of Amsterdam, in Holland, have unto the province of the New Netherlands, latituded from 38 to about 42, by the great ocean sea, and from thence * all * * islands and main continent, northerly up to the river of Canada, on the west side, Virginia and now Mary- land, upon the great bay of Chesapeake, and on the east, New England. To say, that their ancient right and title to that part of the new-found world of America; both in a manner derived to them, first from the king of Spain, as then subjects or vassals to the first finder and fundator of that new world, who, after war and peace in those days concludeth, did renounce and give over unto the United Republic of the Seven Provinces aforesaid, all his right and title of those countries and dominions they have then in process of time conquered and seated in Europe, America, and elsewhere, whereof the abovesaid province of the New Netherlands, the Island of Curracoe, and Brazil, became the true proper inhe- ritance to the Dutch nation in those parts, in that respect.
" Secondly, as for the generality, the French were, in the year of our Lord God Almighty 1524, the second followers of the discovery in the northern parts of this America, by Jehan De Verazzano, a Florentine; then came the English and Dutch afterward also, and took possession in the parts we are in now, for since the year 1606 or 1607 to about 1618 or 1620, the English established and seated their colony of Virginia, by distinct patent, from the degree 34 to about 38; the Dutch the Manhattans, from 38 to 42, and New England from the degree 42 to 45. The French claim in Florida and in Canada, (Spain, the West Indies or Mexico; the Portu- guese, Brazil ;) and thus is this New World divided amongst the Christian princes of Europe, by communication of each other's ambassadors agreed upon ; out of which reason King James of England did will, command, and require that the colony or province of Virginia, and the province of New England should remain asunder, and not meet together within the distance and space of a hundred leagues, which was al- lotted for the Dutch plantations, then called by the general name of Manhattans, after the name of the Indians they. were first seated by. And is here to be noted that they deeply mistake themselves who interpret the general name
279
1659.
or speech of the commis- sioners, con- tinued.
PETER STUYVESANT, DIRECTOR-GENERAL.
of Manhattans aforesaid, unto the particular town built upon a little island, because, as it is said, it signified the whole country and province, or at least that particular place in that province; as per example, like it is frequent still to this day Declaration amongst some to say ' to go or come from the Manhattans,' when they mean the whole province, like unto Virginia or Maryland, for that particular town itself is never named the Manhattans, but New Amsterdam. And as for the South River, or as it is called by the English Delaware : in the par- ticular, the said river was in the primitive time likewise pos- sessed, and a colony planted in the western shore, within the mouth of the South Cape, called the Hoorekill to this day. The Dutch nation erecting there and all over the country their states-arms and a little fort, but after some time they were all slain and murdered by the Indians, so that the pos- sessions and propriety of this river at the first in his infancy, is sealed up with the blood of a great many souls. After this, in the year 1623, the Fort Nassau was built about fifteen leagues up the river, on the eastern shore, besides many other places of the Dutch, and the Dutch Swedes to and again settled, until it thought the governor-general and council good to remove the said Fort Nassau, in the year 1650, downwards to the western shore again, and there to fix a town, as it is to this day, no man ever making any protest or claim, from Maryland or Virginia, against it. We say furthermore, to have the propriation and just right and title of that whole river, (and all our abovesaid province,) also lawfully obtained and legally bought from the natural proprietors the native Indians, especially the western shore, from time to time hitherto, as far and more within land to the west, as our line and limits as yet are extended and scated. By virtue of all which, and the right and title above-mentioned, we have always maintained and defended the said river against all usurpers and obstructors, as it is publicly known to this day, and shall do for ever.
" Thirdly, from that primitive time aforesaid have the Dutch nation in the province of the New Netherlands, and the English nation in the province of Virginia and Maryland aforesaid, always friendly and neighbourly corresponded to- gether, and that which is very well to be noted [by your ]self in the last open war, without any claim, injury, or molesta- tion one to another ; until, upon the 8th day of September,
280
J. ALRICKS AND W. BEEKMAN.
1659. this running year 1659, Colonel Nathaniel Utie came to our aforesaid South River, (by the English called Delaware Bay aforesaid,) into the town and Fort New Amstel, erected in the year 1650 as abovesaid, and without any special commission or lawful authority from any state, prince, parliament, or go- vernment, exhibited only by a piece of paper, a cartabel, by form of an instruction, from Philip Calvert, secretary, written without year or day, nor name or place, were neither signed nor sealed by any state, prince, parliament, or government, demandeth in a manner, and required in a strange way, that the town and country should be delivered and surrendered up to the province of Maryland, as he saith, for my Lord Balti- more; going from house to house, to seduce and draw the inhabitants to rebel and fall from their right lawful lords' sovereign government and province, with threatening, in case of no present willing submission and delivery, to come again and bring them to it by force of arms, fire and sword, whereto he saith a great company were kept and held for that pur- pose in readiness ; nay, that the whole province of Maryland should rise and come to bring them under, and that they then should be plundered and their houses taken from, and so forth ; against which action and incursions, and illegal proceedings, the deputy-governor and magistrates of the aforesaid river and colony firmly have protested, and answer made under their own hand subscribing, dated the 9th of September, 1659, last past, insinuating that the further occupation of that great business of consequence did belong, and must be referred to the honourable governor-general and council of the whole province of the New Netherlands, of whom an answer should be expected within three weeks' time; who, after aid and as- sistance done to their subjects in the aforesaid river, have us underwritten as ambassadors and messengers, with all speed sent hither to you, the honourable governor and council, as- sembly, or whom it any way might concern, in the province of Maryland of Chesapeake Bay, for to declare and manifest, by power and authority of our commission, whereof we this present deliver duplicate.
"First, that the foresaid injurious parts are done not only against the law of nations, neighbourly friendship, and com- mon equity, but also directly contrary to the amity, confede- racy, and peace made and concluded in the year of our Lord God Almighty 1654, between the two nations of the republic
Declaration® or speech of the commis- sioners, con- tinued.
281
PETER STUYVESANT, DIRECTOR-GENERAL.
of England and the republic of the United Provinces, and 1659. their subjects all over the world, viz. articles 2, 3, 5, 6, 9, 10, and 16; whereby we proclaim the said amity and peace is disturbed and interrupted by the said Colonel Nathaniel Declaration Utie, or his principals of the province of Maryland, against or speech of the commis- the province of New Netherland aforesaid, and therefore sioners, con- make protest, and by power from the abovesaid 16th article tinued. of peace and [do] demand justice and satisfaction of all those wrongs and damages the province of the New Netherlands and their subjects have already by the abovesaid injurious proceedings suffered, or as yet may come to suffer.
" Secondly, we demand the sending and returning back to our foresaid South River and colony, all the Dutch and Swedes people, subjects, runaways, and fugitives which from time to time, especially this present year, (for the most part deeply * indebted, or delinquents,) are come over and re- main in this province of Maryland, as it is strongly suspected by means of the abovesaid odious and injurious design from hand to hand encouraged ; declaring that the said honourable governor-general and council of the New Netherlands are in readiness to do the like in sending and returning back to Maryland all those runaways and fugitives which may come into their jurisdiction and government aforesaid ; which mani- festation in case of not, that according to lege talionis, the honourable governor-general and council of the New Nether- lands aforesaid, hold themselves constrained, necessitated, and excused to publish free liberty, access and recess to all planters, servants, negroes, fugitives, and runaways which from time to time may come over out of the jurisdiction of Maryland into the jurisdiction of the New Netherlands aforesaid.
" And whereas (to say some things by way of a little dis- course to the supposed claim or pretence of my Lord Balti- more's patent unto our aforesaid South River or Delaware Bay) we utterly deny, disown, and reject any power and authority, (except breakers of peace, and actors as public enemies, which rests only upon their strength and self-will,) that may or can legally come to reduce or subdue the said river and subjects from their right lawful lords and proprie- tors, by whom it is undeniable justly and lawfully possessed and seated about forty years ago as abovesaid, when to the contrary, the patent of the said my Lord Baltimore is of no
36
2 A 2
282
J. ALRICKS AND W. BEEKMAN.
Declaration or speech of the commis- sioners, con- tinued.
1659. longer standing and settlement than about twenty-four or twenty-seven years, without any particular expressions or special title mentioned, to take that river of Delaware Bay from the Dutch, not insomuch as Sir Edmund Ploy[den] in former time would make us believe he hath unto, when it afterward did prove, and was found out, he only subreptiff and obreptiff hath something obtained to that purpose which was invalid. And put the case, the said my Lord Baltimore, or any other, hath any seeming title to the aforesaid river or Delaware Bay, then his lordship, according to the 30th article of peace and confederacy, should have made his repair before the 18th of May, 1652, to the honourable commissioners ap- pointed by both states on purpose for the determination of such and the like differences as might have been committed or transacted between the two nations, in the foreign parts of the world, ever since the year 1611 to the 18th day of May, 1652, after which time it is in plain terms prohibited, and proclaimed that then no pretences more, should be ad- mitted.
" In obedience to which, to prove the true meaning and interpretation of the aforesaid 30th article, by two evident examples and witnesses of your own law, and chiefest autho- rity of the republic of England, we say that New England in those days claiming also some interest to our limits from their side, and my lord protector's ships by open war sent hither to subdue the aforesaid province of New Netherlands at the other side, peace being concluded, renounced and deserted, . upon that occasion, their design, and went against the French; so that the right and title the Dutch nation have unto their province of the Netherlands aforesaid, ever since more and more stands confirmed and ratified. But forasmuch new mo- tion is made, and question moved into our western limits, and having thereupon observed and suspected the Bay of Chesa- peake, in the uppermost parts therefore winding so much to the north-east, to run about Sassafrax and Elk River into our line, we therefore lay also claim to those parts, until by due examination hereafter, the truth hereof may be found out, or agreed and settled among us otherwise.
" Lastly, and finally to conclude, the honourable governor- general and council of the New Netherlands abovesaid, doth declare and manifest that like we at our side never have in- tended any wrong or offence to the province of Virginia, or
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283
1659.
Declaration or speech of the commis- sioners, con- tinued.
PETER STUYVESANT, DIRECTOR-GENERAL.
now Maryland, in the Bay of Chesapeake, so we desire to continue still with them in all neighbourly amity, confederacy, and friendship, saving only that justice and satisfaction may be given as here demanded ; propounding further, by way of advice to prevent further mischief, that three rational persons on each side may be committed out of each province aforesaid, for to meet at a certain day and time, about the middle of between the Bay of Chesapeake and the aforesaid South River or Delaware Bay, at a hill lying to the head of Sassafrax River and another river coming from our river almost meet together, with full power and commission to settle there the bounds and limits of between the aforesaid province of the New Netherlands and the province of Maryland for ever, if possible, otherwise to refer the difference they might find not agreeing, to both lords proprietors or sovereigns in Europe ; but in the mean while that all further hostility or infractions to each other may cease, and not proceed further, so that the honourable governor-general and council of the New Nether- lands hereof assured, further charges and damages excused, may call their soldiers home, which upon the action, or to defend their province and colony aforesaid, are only sent thither, and that we both sides at a fair correspondence may be kept as always hitherto before.
" By denial or refusal whereof, we do proclaim our inno- cency and ignorance to all the world, and do protest generally against all wrongs, injuries, charges, and damages already sustained and suffered, or as yet to be suffered and sustained; declaring and manifesting that we are, and shall be then ne- cessitated and forced, by way of recourse or reprisal, accord- ing to the 24th article of peace, to preserve, maintain, and to hold our right, title, and propriety of our aforesaid South River colony or Delaware Bay, and our subjects' lives, liber- ties, and estates, as God in our just cause shall strengthen and enable us.
" Desiring this may be recorded and notified unto all to whom it in any way may concern, with the true meaning and tenor thereof, and that a speedy direct answer and despatch may be given to us in writing, from you, the honourable go- vernor and council of the province in Maryland, for to be returned and recorded by our honourable governor-general and council of the province of New Netherlands.
" And so, wishing the Lord God Almighty will conduct
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J. ALRICKS AND W. BEEKMAN.
your honours both to all prudent results, that we may live neighbourly together in this wilderness, to the advancement of God's glory and kingdom of heaven amongst the hea- thens, and not to the destruction of each other's Christian blood, whereby to strengthen the barbarous Indians; nay, may rather join in love, and league together against them, which God our Saviour will grant.
" Written and signed by our own hands, in the province of Maryland, in Chesapeake Bay, at St. Mary's county, and de- livered this 6th day of October, Anno Domini 1659, in Patuxent.
AUGUSTINE HERMAN,
" RESOLVED WALDRON."1
After which the commissioners withdrew. The council " resolved, that the business be forthwith taken into debate, and that they would have an answer ready by Saturday, the 8th, at 5 o'clock, P. M.," and then adjourned till next day, the 9th, when they met, and " after a long debate considering his lordship's instructions and order were only to give the Dutch warning to be gone, that when we are able to beat them out they may not plead ignorance, resolved, that an- swer be given in writing, by way of letter directed to the general of the Manhattans, in these words, viz.
" Honourable lords-We have received your letters of cre- dence by the hands of Sirs Augustine Herman and Resolved Waldron, your ambassadors, wherein, as we find many ex- pressions of love and amity, so we account ourselves obliged to return you real thanks in unfolding the causes of that which it seems hath been the reason of your astonishment and wonder, and as the matter shall permit, give you that satisfaction which with reason you can expect, and which we likewise shall exact from you in the rendering to us as sub- stitutes of the right honourable Cecilius, lord baron of Balti- more, lord and proprietary of this province, &c., that part of his lordship's province lying in Delaware Bay, to us entrusted, and by you (as it seems) injuriously seated, in prejudice to his lordship's just right and title. * For answer, therefore, unto your demands by your said agents made, we say, that Colonel Nathaniel Utie was by us, in pursuance of a com- mand from the right honourable lord proprietary, ordered to make his repair to a certain people seated upon Delaware Bay, within the 40th degree of northerly latitude from the 1 N. Y. Hist. Soc. Coll. vol. iii. pp. 374-381.
Answer pre- pared by them for the commission- ers.
1659.
Proceedings of council.
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his inh the we ma th af pr an
285
PETER STUYVESANT, DIRECTOR-GENERAL.
equinoctial line, to let them know that they were residing within our jurisdiction without our knowledge, much more, without our license, without grant of land from, or oath of fidelity to his lordship taken, both which are expressly, by his conditions of plantation and laws to all comers here to inhabit, conditioned and enjoined ; and further, to offer unto them such conditions, in case they intended there to stay, as we ourselves enjoy. But in case of refusal and abode there made, to let them know we should use lawful means to reduce them to that obedience which all people within the degree aforesaid are bound to yield unto us, intrusted within this province by the right honourable the Lord Baltimore, sole and absolute lord and proprietary of the same, by patent under the great seal of England, bearing date 20th of June, in the year of our Lord God 1632, (?) and since by act of parliament confirmed ; (a copy whereof we have shown to your said ambassadors ;) and since you, by your writing, as well as by your ambassadors, seem to insinuate that the said colony in Delaware Bay is seated there by and under your command, we do protest as well against them and you, as against all other persons, either principals or abettors in the said intrusion upon our bounds and confines. Our damages and costs in due time, and by all lawful means, to recover, which we either have or shall at any time hereafter chance to sustain by the recovery of that place so seated within our bounds and limits, and injuriously by you detained.
" The original rights of the kings of England to these countries and territories, must be our endeavour to maintain, not our discourse to controvert, or in the least our attempt to yield up, as being that which we can neither accept from any other power, nor yield up to any other authority without the consent of our supreme magistracy, their successors in the dominion of England. Though we cannot but mind you that it is no difficult matter to show that your pretended title to that part of this province where those people, (now, if at all, the first time owned by the high and mighty States to be in Delaware Bay seated by their order and authority,) do live, is utterly none, and your patent (if you have any) from the States-General of the United Provinces void and of no effect.
" And to those instructions by us delivered to the said Colonel Nathaniel Utie, so much insisted on by you, we say, they are such as every person, inhabitant of this province,
1659.
Answer to the commis- sioners, con- tinued.
286
J. ALRICKS AND W. BEEKMAN.
Answer to the commis- sioners, con- tinued.
1659. ought to take notice of, as being subscribed by the secretary of this province, and to no other did we give them, or he make use of them. Neither can we believe the high and mighty States-General, &c., do think or will now own those people at Delaware Bay to be there seated by their authority, since they have heretofore protested to the supreme authority then in England, not to own their intrusion upon their terri- tories and dominions. As to indebted persons, if any be 1 here that are to you engaged, our courts are open, and our justice speedy, and denied to none that shall demand it of us, which we think is as much as can in reason be expected, and the self-same course we take, and the only remedy we afford to our neighbour colony of Virginia, and our fellow-subjects and brethren of England. Thus hoping that you will seriously weigh the consequences of your actions, we rest in expecta- tion of such a compliance as the style you give yourselves imports, having taught us to subscribe ourselves your affec- tionate friends and neighbours."1
Further pro- ceedings.
After which, "Ordered, that notice be given to the ambas- sadors to attend their answer the next day."
" After the answer agreed upon, Messrs. Herman and Wal- dron presented the following paper :
" Upon the sight and view of my Lord Baltimore's patent, this 7th day of October, 1659, presented unto us by the honourable governor and council of Maryland.
Paper de- livered by commission- ers on the patent of Lord Balti- more.
"To say, reserved only what the honourable governor- general and council of the New Netherlands, in the behalf of our lords proprietors and sovereigns, the high and mighty States-General of the United Provinces might have to allege against it.
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